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Anju J Prakash   01 July 2017

Fake marriage promise

I'm a doctor nd I'm staying away frm ma husband frm past 2years. Anthr Doc f 45years old hired me into his clinic. Nd I joined Der nd frm the day one he strtd convincing for me for a relationship since he's also staying away frm his wife. Since he s aged I didn't want a retionshop at all. In between ma dad become ill nd I was mentally down nd he used this gap well convinced me.. But I repeatedly told him it shuld end in marriage, he agreed for that nd used me physically... Nd his wife cm bck nd dismiyme frm his clinic he didn't stop her by telling me that u go bck I wil get divorced nd cm back. I waited but after 4months f long distance relationship I cm to knw that he wasn't me as a Parellel relationship nothing else... Nd he was just using me.. I had a gud job nd I lost that I m Cmplltly broken Nw.. Cn I moove against him?! Legally...
I worked with him for 6monthsnly 1montb salary he Gv to me


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 9 Replies

Arjun Kohli   01 July 2017

In my opinion, you can only move against him in a civil suit for recovery of the remainder of the salary and any relevant compensation. I am not really sure as to whether anything can be done as to the other portion of your query regarding false promise of marriage cases, taking note of the other details and such other recent cases. 

However, it is your right to make a complaint if you fail aggrieved, although I can not make any comment with regard to any plausible outcome about that.

Anju J Prakash   01 July 2017

He tried a lot thrw phone nd our detailed call history cant b taken as a proof?! Evry where I mentioned him that I'm not Der for this if ur not Redy for marriage den

Arjun Kohli   01 July 2017

The fact that you ultimately gave in, despite whatever extent of persuasion, in the light of your educational background and capacity to understand the situation, having denied it already in the past, the Court might just hold you as being aware of the nature of the relationship, following the precedent of the higher Courts in such recent similar cases. Moreover, it would also be brought into light that you both were probably aware of the marriage status of each other and despite that engaging in a consensual relationship will not attract any remedy, in my opinion. 

However, feel free if you wish to discuss this with any respectable counsel you might come to know of. 

Anju J Prakash   01 July 2017

Ma husband had n f illegal relationships nd I That's y we had issues... Nd I do hv proofs f promise for marriage. . Nd u knw how broken a women wil b after a divorce nd again Pepl R just coming nd breaking us by promising a gud life.... If I want I would hv been got young guys. I considered it as a respectful relationship so I agreed for it....

Azhagananth (Lawyer)     01 July 2017

It's not fake marriage promise, it's  Adultery in Adultery, what a shame.

Only that doctor's wife have the right to sue both of you...

Ms.Usha Kapoor (CEO)     01 July 2017

You didn't obtain divorce from your husbansd and having known the ways of the world  educated and mature knowing that he is exploiting your  vulnerabillty of   your personal problems and and   having known thet he is married  you ultimately suiccumbed to your emotions and wend ahead with the  physical relationship. Being a consensual Relationship Courts wouldn't give you  the relief of  Breach of marriage and   damages.Its mainly your fault.Let us See a Supreme court Decision in this regard.Please read the underlined portions. Since  both of you are mature and had consesual s*x the relief for  Breach of  promise of Marriage  you man't get.in courts.

Breach Of Promise of Marriage:

The Supreme Court in a recent case of Deepak Gulati vs. Geeta held : Unless, the motives are malafide on the part of the accused-it’s not rape- if both are majors And mature-it’s a consensual s*x. In the  words of the Supreme Court Bench headed by Justice BS Chauhan and Deepak Mishra:

“Consent may be express or implied, coerced or misguided, obtained willingly or through deceit. Consent is an act of reason, accompanied by deliberation, the mind weighing, as in a balance, the good and evil on each side. There is a clear distinction between rape and consensual s*x and in a case like this, the court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala fide motives, and had made a false promise only to satisfy his lust, as the latter falls within the ambit of cheating or deception. There is a distinction between the mere breach of a promise, and not fulfilling a false promise.”

Writing the judgment, Justice Chauhan said the court must examine whether promise of marriage was made by the accused at an early stage and whether the consent involved was given after wholly understanding the nature and consequences of s*xual indulgence. “There may be a case where the prosecutrix agrees to have s*xual intercourse on account of her love and passion for the accused, and not solely on account of misrepresentation made to her by the accused, or where an accused — on account of circumstances which he could not have foreseen, or which were beyond his control — was unable to marry her, despite having every intention to do so. Such cases must be treated differently. An accused can be convicted for rape only if the court reaches a conclusion that the intention of the accused was mala fide, and that he had clandestine motives.”

Drawing a distinction between rape and consensual s*x, the Bench said: “Rape is the most morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female. Rape reduces a woman to an animal, as it shakes the very core of her life. By no means can a rape victim be called an accomplice. Rape leaves a permanent scar on the life of the victim, and therefore a rape victim is placed on a higher pedestal than an injured witness. Rape is a crime against the entire society and violates the human rights of the victim. Being the most hated crime, rape tantamounts to a serious blow to the supreme honor of a woman, and offends both her esteem and dignity. It causes psychological and physical harm to the victim, leaving upon her indelible marks.”

The Bench said there must be adequate evidence to show that at the relevant time, i.e. at the initial stage itself, the accused had no intention whatsoever of keeping his promise to marry the victim. There may, of course, be circumstances, when a person having the best of intentions was unable to marry the victim owing to various unavoidable circumstances. The “failure to keep a promise made with respect to a future uncertain date, due to reasons that are not very clear from the evidence available, does not always amount to misconception of fact. In order to come within the meaning of the term misconception of fact, the fact must have an immediate relevance.”

In this case, appellant Deepak Gulati was charged with rape after he failed to marry Geeta, with whom he had s*x on promise to marry her. A lower court in Haryana convicted him to seven years imprisonment and this was upheld by the Punjab and Haryana High Court.

Allowing the appeal, the Supreme Court said the prosecutrix in this case was 19 years of age and had adequate intelligence and maturity to understand the significance and morality associated with the act she was consenting to. She was conscious of the fact that her marriage might not take place owing to various considerations, including the caste factor. Hence it could not be said that she had not given her consent for having s*x with the appellant, the Bench said and directed that the appellant, who had already served three-year imprisonment, be released.

1 Like

Kumar Doab (FIN)     01 July 2017

Subsequent to good illustration, citation by Ms.Usha Kapoor , if you still wish, you may discuss in person a very able local senior counsel of unshakable repute and integrity specializing in Family matters and show whatever evidences you have.

Kumar Doab (FIN)     01 July 2017

You are mature and may apply your own judgment. The litigation can be protracted and costly and stressful and may be of NO use if there is NO sufficient ground and merit.

The wife of said Doctor has not apparently proceeded against her husband and has only pressed him to move you out of clinic.

You can very well claim your unpaid salary/wages.

 

If possible make up with your husband or separate legally by decree of divorce from court of law.

MCD on reasonable terms can be better idea.

 

Kumar Doab (FIN)     01 July 2017

This is a good and eye opener thread.

The SMS language has not caused any hurdle in fetching wholesome responses.  


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